MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            05 JUNE 2003                  
	DOCKET NUMBER:   AR2003085236

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern III		Member	
	Ms. Karen A. Heinz		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, a medical discharge.  He makes no statement and offers no evidence to support his request.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

He served an initial period of active duty with the United States Marine Corps between April and June 1975.  On 17 April 1985 the applicant enlisted in the United States Army Reserve after receive a waiver for his prior military service.  His Army enlistment documents indicate that the applicant accepted a trainee discharge rather than be recycled after falling behind during his Marine Corps basic training.

At the time the applicant enlisted in the United States Army Reserve he was nearly 32 years old, with 12 years of formal education, and a GT (general technical) score of 93.

He was ordered to active duty on 1 May 1985 for the purpose of undergoing training.  By 18 June 1985, 1 month and 18 days later, the applicant was administratively discharged under the provisions of Army Regulation 635-200, paragraph 5-13 as a result of a personality disorder.  His military service was uncharacterized.

Documents associated with the applicant’s administrative separation were not available to the Board.

Army Regulation 635-200, paragraph 5-13, provides for the administrative separation of soldiers with a personality disorder that interferes with assignment to or performance of duty.  A physician trained in psychiatry and psychiatric diagnosis must have established the diagnosis of personality disorder.

Army Regulation 40-501 states that personality disorders may render an individual administratively unfit rather than unfit because of physical disability.  Interference with performance of effective duty in association with these conditions will be dealt with through appropriate administrative channels.  It also states that transient, situational maladjustment due to acute or special stress do not render an individual unfit because of physical disability, but rather may be the basis for administrative separation if recurrent and causing interference with military duty.

Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

In the absence of evidence to the contrary, the Board concludes that the applicant administrative separation was accomplished in compliance with applicable laws and regulation.  His discharge as a result of a personality disorder would not have warranted separation by reason of physical disability.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 18 June 1985, the date he was discharged.  The time for the applicant to file a request for correction of any error or injustice expired on 18 June 1988.

The application is dated 18 January 2003 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.  Prior to reaching this determination the Board looked at the applicant's entire file.  It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations.  Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__AAO__  __TBR __  __KAH __  CONCUR WITH DETERMINATION

    Carl W. S. Chun
    Director, Army Board for Correction
	                of Military Records

INDEX

CASE ID	AR2003085236	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030605	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.